OATH OF MEMBERS OF THE GENERAL ASSEMBLY

Before entering upon the duties of their office members of the General Assembly must take and subscribe to the following oath: "I do solemnly swear, or affirm, (as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faithfully discharge the duties of Senator, (or Representative, as the case may be,) according to the best of my ability." Members of the General Assembly have authority to administer this oath to each other.116

COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY

The members of the First General Assembly, by virtue of a clause in the Constitution, received two dollars a day for their services during the entire period of the regular session. At the extra session of this Assembly the compensation of members, including the pay for the extra session itself, was fixed by law at the maximum amount allowed by the Constitution-two dollars a day for the first fifty days and one dollar a day for the remainder of the session. Traveling expenses, the rate of which was established by the Constitution, were covered by the sum of two dollars for every twenty miles in going to and returning from the capital. The compensation of members of the General Assembly has always been paid out of the State treasury.117

Under the Constitution of 1857 the compensation of members of the General Assembly has been regulated by law except that of the members of the Seventh General Assembly, for whom the Constitution provided an allowance of three dollars a day. The first Assembly after the adoption of the present Constitution fixed the compensation at three dollars a day, but in 1868 this sum was in

creased to five dollars a day. The rate of pay was the same for extra sessions. Then in 1872 the basis of compensation was changed so that members received $550 for a regular session and for extra sessions the same rate as for the preceding regular session. After 1880 the pay for extra sessions did not exceed six dollars a day. The Thirty-fourth General Assembly raised the compensation to $1000 a session; and in 1913 the maximum rate for extra sessions was made ten dollars a day. While members still receive $1000 for a full session there is a scale of compensation for those whose term does not cover a full session; but if their period of service extends over fifty days they are entitled to $1000. The Constitution does not permit an Assembly to increase the compensation of its own members.118

The expense of traveling having decreased since 1857, the amount allowed to members for that purpose has been lowered accordingly. Three dollars for every twenty miles traveled in going to and coming from the capital by the nearest traveled route was named by the Constitution as the maximum allowance for traveling expenses; and such was the amount allowed by statute until 1880 when it was reduced to five cents a mile. Members receive their mileage during the first month of the session; while half of their salary is paid at the end of thirty days and the remaining half at the end of the session.119

In addition to their regular compensation and mileage the members of the legislature have been furnished with stationery and postage. In the earlier sessions arrangements were made with the local postmaster for the payment of postage in a lump sum from the State treasury, the chief recording officer of each house making the necessary arrangements with the postmaster. In 1868 a law

was passed limiting the amount of postage to three dollars a week and of stationery to two dollars a week per member — the stamps and stationery being supplied from the office of the Secretary of State. The franking privilege was sometimes confined to specified classes of mail. In recent years, however, no allowance has been made to members for postage. Such stationery as is needed may be obtained by the members the cost of which to the State has varied from one dollar and a half to fourteen dollars per member. 120

PRIVILEGES AND IMMUNITIES OF MEMBERS

Senators and Representatives in all cases except treason, felony, and breach of the peace are privileged from arrest in going to and returning from sessions of the General Assembly. Neither can members of the General Assembly be arrested or held to appear in or answer to any civil or special action in court while the Assembly is in session. Every member is free to dissent from or protest against any act or resolution of the Assembly which he thinks may injure the public or any individual; and he may have his reasons for objecting entered upon the journal. Outside of the legislature no member may be questioned for any speech or debate in either house. It may also be accounted a privilege that at the request of any two members the yeas and nays shall be printed in the journal. Each house is empowered to punish its members for disorderly behavior; and with the consent of two-thirds it may expel a member, but not a second time for the same offense. 121

VIII

SESSIONS OF THE GENERAL ASSEMBLY

-

SINCE Iowa became a State in 1846 a period of seventy years the General Assembly has convened in regular session thirty-six times. With the exception of the meetings in 1906 and 1907 regular sessions have been held in alternate years. Iowans are satisfied, apparently, that biennial sessions of the legislature are of sufficient frequency for the expression of public opinion, for during the State period there has been occasion for only one adjourned session and six extra sessions. 122 The adjourned session of 1873 and the extra session of 1897 were both held for the purpose of codifying the law of the State. The extra sessions of 1848 and 1908 had to do with the election of United States Senators; the two called during the Civil War (1861 and 1862) were concerned chiefly with military affairs; and the session of 1856 was convened to consider certain land grants to railroads.

CONVENING OF THE GENERAL ASSEMBLY

The time of convening the General Assembly in regular session was established by constitutional provision. The first State Constitution fixed "the first Monday of December next ensuing the election of its members" as the date of commencement, but the Constitution of 1857 changed the day to the second Monday in January. November 30, 1846, was the day upon which by the Governor's proclamation, the First General Assembly convened. The election of members of the General Assembly

under the Constitution of 1846 occurred in even numbered years, beginning in 1846; but the second Constitution went into effect in September, 1857, so that until 1906 the general elections were held in odd numbered years and the Assembly met in even numbered years. In 1904, however, the Constitution was so amended as to change the general elections from odd to even numbered years, causing the legislature to meet in odd numbered years.

123

The extra sessions of the General Assembly were convened each time by executive proclamation. Two of these sessions began in January, one in May, another in July, another in August, and the last in September. The adjourned session was held in the winter of 1873 by order of the Fourteenth General Assembly.12

124

LENGTH OF SESSIONS, ADJOURNMENT, RECESSES

In the State of Iowa there has been no limitation on the length of time during which the legislature may remain in regular session, with the result that there has been considerable variation in the length of such sessions. The shortest regular session was one of forty-three days, held by the Second General Assembly; while the longest was in 1872, lasting one hundred and seven days. The average length of the regular sessions has been eightyone days. In 1913 and again in 1915 the General Assembly adjourned on the ninety-seventh day. 125

The Constitutions of Iowa have never permitted the adjournment of either house for more than three days without the consent of the other, although each house sits upon its own adjournment. During the period of the first Constitution the legislative sessions began in December, so that some time was lost by Christmas recesses. The First General Assembly adjourned from December 19th